[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12725-12728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4697]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0153; FRL-8540-5]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Protection of Stratospheric Ozone: Critical Use 
Exemption From the Phaseout of Methyl Bromide (Applications, 
Recordkeeping, and Periodic Reporting) (Renewal); EPA ICR No. 2031.03, 
OMB Control No. 2060-0482

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
2031.02, is scheduled to expire on August 31, 2008. In addition, EPA is 
also planning to renew and transfer the burden from EPA ICRs 2179.02 
and 2179.03 into this ICR. Those ICRs are scheduled to expire on August 
31, 2008, and November 30, 2008, respectively. Thus, EPA seeks to 
create a single comprehensive ICR for the methyl bromide CUE program. 
Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before May 9, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0153 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-1741.
     Mail: EPA-HQ-OAR-2008-0153, Environmental Protection 
Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: EPA-HQ-OAR-2008-0153, Air and Radiation 
Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 
6102T, Washington, DC 20460. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0153. EPA's policy is that all comments

[[Page 12726]]

received will be included in the public docket without change and may 
be made available online at http://www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or e-mail. The http://www.regulations.gov 
Web site is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through http://www.regulations.gov your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling, Stratospheric 
Protection Division, Office of Atmospheric Programs, (6205J), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 343-9055; fax number: 
(202) 343-2338; e-mail address: [email protected]. You may also 
visit the Ozone Depletion Web site of EPA's Stratospheric Protection 
Division at: http://www.epa.gov/ozone/strathome.html for further 
information about EPA's Stratospheric Ozone Protection regulations, the 
science of ozone layer depletion, and related topics.

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2008-0153, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air and 
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Reading Room is 
202-566-1744, and the telephone number for Air and Radiation Docket is 
202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are 
producers, importers, distributors, and custom applicators of methyl 
bromide, organizations, consortia, and associations of methyl bromide 
users, as well as individual methyl bromide users.
    Title: Agency Information Collection Activities; Proposed 
Collection; Comment Request; Protection of Stratospheric Ozone: 
Critical Use Exemption from the Phaseout of Methyl Bromide 
(Applications, Recordkeeping, and Periodic Reporting) (Renewal).
    ICR numbers: EPA ICR No. 2031.03, OMB Control No. 2060-0482.
    ICR status: EPA ICR 2031.02 is currently scheduled to expire on 
August 31, 2008. In addition, EPA ICR 2179.02 and 2179.03 are scheduled 
to expire on August 31, 2008, and November 30, 2008, respectively. An 
Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: EPA is seeking to renew EPA ICR 2031.02 which allows EPA 
to collect CUE applications from regulated entities on an annual basis. 
EPA is also seeking to renew and transfer the burden from EPA ICR 
2179.02 and 2179.03 which require the submission of data from regulated 
industries to the EPA and require recordkeeping of key documents to 
ensure compliance with the Montreal Protocol on Substances that Deplete 
the Ozone Layer (Protocol) and the CAA.

[[Page 12727]]

    Entities applying for this exemption are asked to submit to EPA 
applications with necessary data to evaluate the need for a critical 
use exemption. This information collection is conducted to meet U.S. 
obligations under Article 2H of the Montreal Protocol on Substances 
that Deplete the Ozone Layer (Protocol). The information collection 
request is required to obtain a benefit under section 604(d)(6) of the 
CAA, added by section 764 of the 1999 Omnibus Consolidated and 
Emergency Supplemental Appropriations Act (Pub. L. 105-277; October 21, 
1998).
    Since 2002, entities have applied to EPA for a critical use 
exemption that would allow for the continued production and import of 
methyl bromide after the phaseout in January 2005. These exemptions are 
for consumption only in those agricultural sectors that have 
demonstrated that there are no technically or economically feasible 
alternatives to methyl bromide. The applications are rigorously 
assessed and analyzed by EPA staff, including experts from the Office 
of Pesticide Programs. On an annual basis, EPA uses the data submitted 
by end users to create a nomination of critical uses which the U.S. 
Government submits to the Protocol's Ozone Secretariat for review by an 
international panel of experts and advisory bodies. These advisory 
bodies include the Methyl Bromide Technical Options Committee (MBTOC) 
and the Technical and Economic Assessment Panel (TEAP). The uses 
authorized internationally by the Parties to the Protocol are made 
available in the U.S. on an annual basis.
    The applications will enable EPA to:
    1. Maintain consistency with the Protocol by supporting critical 
use nominations to the Parties to the Protocol, in accordance with 
paragraph 2 of Decision IX/6 of the Protocol;
    2. Ensure that critical use exemptions comply with section 
604(d)(6);
    3. Provide EPA with necessary data to evaluate the technical and 
economic feasibility of methyl bromide alternatives in the circumstance 
of the specific use, as presented in an application for a critical use 
exemption;
    The reported data will enable EPA to:
    1. Ensure that critical use exemptions comply with section 
604(d)(6);
    2. Maintain compliance with the Protocol requirements for annual 
data submission on the production of ozone depleting substances;
    3. Analyze technical use data to ensure that exemptions are used in 
accordance with requirements included in the annual authorization 
rulemakings.
    EPA informs respondents that they may assert claims of business 
confidentiality for any of the information they submit. Information 
claimed confidential will be treated in accordance with the procedures 
for handling information claimed as confidential under 40 CFR part 2, 
Subpart b, and will be disclosed only if EPA determines that the 
information is not entitled to confidential treatment. If no claim of 
confidentiality is asserted when the information is received by EPA, it 
may be made available to the public without further notice to the 
respondents (40 CFR 2.203). Individual reporting data may be claimed as 
sensitive and will be treated as confidential information in accordance 
with procedures outlined in 40 CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 1.6 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.
    The annual application, reporting, and recordkeeping burden is as 
follows: 75 applicants to the critical use exemption program at 2,925 
hours per year; 4 producers and importers at a total of 80 hours per 
year (quarterly reporting); 100 distributors and applicators at 1287.5 
hours per year (annual reporting); and 2,000 end users at 625 hours per 
year (periodic certification of purchases of critical use methyl 
bromide at the time of each purchase). The total industry burden is 
therefore 4917.5 hours per year.
    The annual public application burden for this collection of 
information is estimated to average 39 hours per response (2925 hours 
divided by 75 responses). The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.64 
hours per response (1992.5 hours divided by 3,098 responses). Overall, 
the total annual public burden (application, reporting, and 
recordkeeping) for this collection of information is estimated to 
average 1.6 hours per response (4917.5 hours divided by 3,173 
responses).
    The total annual labor cost burden associated with information 
collection request is $993,622. EPA estimates the costs as follows: 
Application costs totaling $295,016 per year, recordkeeping and 
reporting costs totaling $631,787 per year, and self certification by 
producers, importers, distributors, and end users costing $66,820 per 
year. EPA estimates the capital costs to be $0.

Are There Changes in the Estimates From the Last Approval?

    There is a decrease of 82.5 hours in the total estimated respondent 
burden compared with that identified in the EPA ICR 2031.02 which is 
currently approved by OMB. This estimate for total burden hours 
includes updated burden estimates from the recordkeeping and reporting 
ICR (EPA ICR 2179.02 and 2179.03) as well as EPA ICR 2031.02.
    The reason for the decrease in burden is that the Agency has six 
years of experience managing the critical use exemption program which 
has led to efficiency and greater accuracy in estimating future burden. 
Over the last four years, EPA has received on average 65 applications 
each year, rather than the 100 estimated in the previous ICR. EPA 
continues to encourage users with similar circumstances to utilize 
grower and user organizations to aid in completion of the application, 
thereby reducing both the burden on applicants (particularly small 
businesses) and the Agency. The registration of additional alternatives 
since 2002 in the U.S. may also result in fewer applications received. 
Furthermore, stakeholders are more familiar with the critical use 
exemption program and have already organized associations to apply on 
behalf of multiple growers. Other reasons for burden reduction include 
the encouragement of electronic submission of applications and other 
data and very frequent EPA communication with methyl bromide 
stakeholders.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice

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pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the 
ICR to OMB and the opportunity to submit additional comments to OMB. If 
you have any questions about this ICR or the approval process, please 
contact the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

    Dated: February 28, 2008.
Drusilla Hufford,
Director, Stratospheric Protection Division.
 [FR Doc. E8-4697 Filed 3-7-08; 8:45 am]
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